Docstoc

09-30_lawonthefreedomeofreligion

Document Sample
09-30_lawonthefreedomeofreligion Powered By Docstoc
					                                                                            Bill

                                                              Brought by the Council of Ministers
                                                              of the Republic of Belarus

                                       LAW
                             OF THE REPUBLIC OF BELARUS

On insertion of changes and amendments
in the Law of the Republic of Belarus
"On freedom of denominations and religious organizations"

     Passed by the Chamber of Representatives
     Approved by the Republican Soviet                                              June 27, 2002


     Article 1. To bring into the Law of the Republic of Belarus of December 17, 1992 "On freedom
of denominations and religious organizations" (Registers of the Supreme Soviet of the Republic of
Belarus, 1993, № 2, Article 18; 1995, № 13, Article 125; National Register of Legal Acts of the
Republic of Belarus, 1999, № 95, 2/102) the changes and additions, having stated it in the new
wording:

                                       LAW
                             OF THE REPUBLIC OF BELARUS

On freedom of conscience
and religious organizations

       The present Law regulates the legal relations in the sphere of human and citizen rights to
freedom of conscience and freedom of denomination, as well defines the legal bases of creation and
activity of religious organizations proceeding from:

     the right of everyone to freedom of conscience and freedom of denomination, as well as to the
equality before the law irrespective of the relation to religion;

     equality of religions before the law;

     the recognition of the determining role of the Orthodox Church in the historical formation and
development of spiritual, cultural and state traditions of the Belarussian people;

     spiritual, cultural and historical role of the Catholic Church at the territory of Belarus;

      the inseparability of the Evangelical-Lutheran Church, Judaism and Islam from the general
history of the people of Belarus;

      the necessity to assist in accomplishment of mutual understanding, tolerance and respect of
religious feelings of the citizens in matters of freedom of conscience and denomination.
                                          SECTION 1
                                       COMMON PROVISIONS

     Article 1.        Goals of the Present Law

      The goals of the present Law are to provide and to guarantee the right of everyone for freedom of
conscience and freedom of denomination, for social justice, equality, protection of rights and interests
irrespective of the relation to religion and religious belonging, for freedom of unification into religious
organizations.

   Article 2.Legislation of the Republic of Belarus on Freedom of Conscience,
Denomination and Religious Organizations

     The legislation of the Republic of Belarus on freedom of conscience, denomination and religious
organizations is based on the Constitution of the Republic of Belarus and consists of the present Law
and other normative legal acts of the Republic of Belarus.

      Article 3.       Basic Terms and Concepts Used in the Present Law

      In the present Law the following basic terms and concepts are used:

     Religion – world outlook and attitude, as well as behavior appropriate to them and specific
actions (worship), based on the belief in the supernatural;

      Denomination - the developed dogma belonging to any religion with traditional worship
practice;

     Divine service - set of worship ceremonies and actions carried out by ministers according to the
developed ritual and following from the dogma requirements;

     Religious practices - set of the actions established by the dogma in which religious concepts are
 embodied;

    Religious rituals and ceremonies - order of execution of the ceremonial actions established by a
dogma;

     Religious worship - the main kind of the religious activity consisting of certain behavior and
specific actions, which express religious worship of the supernatural;

     Worship property - goods, other material objects (buildings, church utensils and etc.), which are
necessary for the fulfillment of the religious practices, rituals and ceremonies;

     Minister - a person authorized by the appropriate religious association to sacred, pastor,
preaching service;

Pilgrimage - visiting of historically significant places by believers for worshiping the relics of the

given religion;
      Religious activity - activity directed on satisfaction of religious needs of believers, distribution of
religions, religious education, realization of divine services, prayer services, preaching, training of
ministers, and also other activity directed on organizational and material provision of worship practice
of a religious organization (publication and distribution of religious literature, manufacturing and
distribution of worship goods, manufacturing of sacerdotal robes for ministers and other activity);

      Citizens - citizens of the Republic of Belarus, as well as foreign citizens and persons without the
citizenship who constantly reside at the territory of the Republic of Belarus, if other is not established
by the present Law.

      Article 4.       Right to Freedom of Conscience

     Everyone has the right to freedom of choice of atheistic or religious beliefs, namely: to define
independently his / her relation to religion, privately or together with others to profess any religion or
not to profess any.

      Article 5.       Right to Freedom of Denomination

     Everyone has the right to freely choose, have, change, express and distribute religious beliefs and
to act according to them, to participate in carrying out of religious worships, rituals, ceremonies,
which are not forbidden by the law.

      Nobody is obliged to inform of his / her relation to religion and may not be exposed to any
compulsion at defining his / her relation to religion, to professing this or that religion, to participation
or non-participation in activity of religious organizations.

      Parents or persons who replace them by a mutual consent have the right to bring up their children
according to their own attitude to religion. The state may not interfere with the child’s education based
on a certain religious outlook of the parents or persons who replace them, except for cases when
prompting to religious actions directly threatens the child’s life or health, and breaks his legitimate
rights.

     Article 6.        Equality of Religions

     Religions and denominations are equal before the law.

     The ideology of religious organizations may not be established as obligatory for the citizens.

     Article 7.        Equality of the Citizens

      The citizens are equal before the law irrespective of their relation to religion.

    In official documents the relation of the citizen to religion is not mentioned, besides the cases
when it is wished by the citizen himself / herself.
     Preventing of realization of rights to freedom of conscience and denomination, as well as
establishing of any advantages or restrictions of citizens rights depending on their relation to religion
are not allowed and pursued under the law.

     Nobody may evade on the motives of his / her religious beliefs from execution of the duties
established by the law.

     Article 8.       State and Religion

     Relations of the state and religious organizations are regulated by the law taking into
consideration their influence on formation of spiritual, cultural and state traditions of the Belarussian
people.

      The state does not assign carrying out of any state functions to religious organizations, does not
interfere with the activity of religious organizations if it does not contradict the legislation of the
Republic of Belarus.

    Religious organizations have the right to participate in public life and also to use public means of
mass media in the order established by the legislation of the Republic of Belarus.

     Religious organizations do not participate in the activity of political parties and other public
associations, which pursue political aims, and do not render them any financial and other support.

     At places of divine services the use of the state symbolics, realization of assemblies, meetings,
pre-election campaign and other actions of political character, and also speeches, appeals which offend
representatives of the government bodies, officials and separate citizens are not allowed.

     The state promotes establishment of relations of tolerance and respect between the citizens who
profess and do not profess religion, between religious organizations of various denominations.

     The state may build its mutual relations with religious associations by concluding agreements
with them according to the civil legislation of the Republic of Belarus.

     Article 9.       Education and Religion

     The national educational system in the Republic of Belarus has secular character and does not
pursue the purpose of formation of this or that attitude to religion.

      The citizens have the right to equal opportunities of access to the national educational system
irrespective of their relation to religion.

     In educational establishments creation and anonymous or other activity of religious
organizations, which contradicts the legislation are not allowed.

      Educational establishments in matters of educational activity on the basis of written applications
of parents or persons who replace them (full age trainees themselves) at extracurricular time may
cooperate with the registered religious organizations in view of their influence on the formation of
spiritual, cultural and state traditions of the Byelorussian people. The order, conditions, the contents
     and forms of such interaction are defined by the Council of Ministers of the Republic of Belarus
by agreement with President of the Republic of Belarus.

     The religious organizations registered in the order, established by the present Law, have the right,
according to their regulations, to create educational groups and Sunday religious schools for religious
education of children and adults, using for this purpose the belonging and (or) given to them for using
premises, except for the premises which belong to the state educational institutions.

      Article 10.     State Administration Body on Religious Affairs

     The republican state administration body on religious affairs is formed by the President of the
 Republic of Belarus.

       The republican state administration body on religious affairs carries out the control of execution
 of the legislation of the Republic of Belarus concerning freedom of conscience, denomination and
 religious organizations, considers and solves the questions arising in the sphere of mutual relations
 of the state and religious organizations.

      Article 11.     Powers of the State Administration Body on Religious Affairs

      The republican state administration body on religious affairs has the following powers:

      prepares the offers on the settlement of questions connected with the activity of religious
 organizations and demanding the decision of President of the Republic of Belarus or the Council of
 Ministers of the Republic of Belarus;

     provides the Council of Ministers of the Republic of Belarus with informational - analytical
 materials on the matter of mutual relations of the state and religious organizations;

       examines and controls activity of religious organizations regarding their execution of the
 legislation of the Republic of Belarus concerning freedom of conscience, denomination and religious
 organizations, and also their charters, gives obligatory instructions about elimination of the revealed
 infringements;

       takes part in consideration by republican state administration bodies of the matters connected
  with observance of the legislation of the Republic of Belarus concerning freedom of conscience,
  denominations and religious organizations;

       carries out contacts and coordination connections with the state bodies of other states which
  carry out similar functions;

       receives from the republican state administration bodies, local executive and administrative
bodies the data on observance of the legislation of the Republic of Belarus concerning freedom of
conscience, denominations and religious organizations;

     conducts the State registry of the religious organizations;
       at the request of religious organizations renders assistance in their achieving of arrangements with
  the state bodies and promotes strengthening of mutual understanding and tolerance between religious
  organizations of various denominations;

       gives local Soviets of deputies, executive and administrative bodies methodical recommendations
  and consultations on the matters of execution and application of the legislation of the Republic of
  Belarus on freedom of conscience, denomination and religious organizations;

       appoints the state religion-competent examination in the cases established by the present Law;

        creates an expert council for realization of the state religion-competent examination with
  participation of the appropriate experts and attraction in case of need representatives of religious
  organizations;

        addresses to the court with the application for liquidation of the religious organization (for the
  religious organizations registered by the republican state administration body on religious affairs);

        carries out the state registration of religious associations, monasteries and monastic communities,
  religious brotherhoods and sisterhoods , religious missions, religious educational institutions;

       on inquiries of the republican state administration bodies, local executive and administrative
  bodies, other juridical persons gives the conclusion on kinds and forms of religious activity.

 Article 12. State Registry of Religious Organizations

  The Republican state administration body on religions affairs conducts the State Registry of religious
organizations.

  Oblast executive committees, Minsk city executive committee conduct Registries of religious
organizations registered at the corresponding territory. Information included into the registries of
religious organizations is passed by oblast executive committees, Minsk city executive committee in ten-
day period to the republican state administration body on religious affairs.

  The information list subjected to be included into the State Registry of religious organizations, is
defined by the republican state administration body on religious affairs.

         SECTION 2. RELIGIOUS ORGANIZATIONS IN THE REPUBLIC OF BELARUS

 Article 13. Religious Organizations in the Republic of Belarus

  Religious organizations in the Republic of Belarus are acknowledged voluntary unifications of citizens
of the Republic of Belarus (religious communities) or religious communities (religious associations)
unified on the basis of common character of their interests to satisfy religious needs, as well as
monasteries and monastic communities, religious brotherhoods and sisterhoods, religious missions,
religious educational institutions.

 Religious organizations have the following signs:

 Denomination;
 Developed worship practice;
 Divine services;

 Religious enlightenment and education of their followers.
 The leader of the religious organization can be only the citizen of the Republic of Belarus.

 Article 14. Religious Communities

  Religious community is acknowledged the unification of the group of citizens of the Republic of
Belarus, in the limits of the territory of one or several settlements, who are adherents of common
denomination, for joint profession and satisfaction of other religious needs.

  Religious communities are formed on the initiative of not less that 20 citizens of the Republic of
Belarus, who are full aged and have permanent residence in one or several settlements, having adjoining
territorial limits, and act only at their territory.

  Communities act on a voluntary basis in accordance with their charters and are subjected to the state
registration in a way established by the present Law.

 Article 15. Religious Associations

  Religious association is acknowledged an unification of religious communities of common
denomination for joint satisfaction of religious needs of their participants (members).

  Religious associations are formed in the presence of not less than ten religious communities of
common denomination, of which at least one performs its activity at the territory of the Republic of
Belarus for the period not less than twenty years. Religious associations act through their bodies of
management.

  Religious association is acknowledged a republican one, in case it consists of the religious
communities, which act in the majority of oblast of the Republic of Belarus. The activity of the
republican religious association is applied to the territory of the activity of the religious communities,
which are included into this association.

  Republican religious association has the right to organize local religious associations from the religious
communities acting in one or several oblast. Activity of the local religious associations is applied to the
territory of the activity of the religious communities, included into the associations.

  Republican and local religious associations act on the basis of their charters and are subjected to the
state registration in a way, established by the present Law.

  Religious associations have the right to organize monasteries and monastic communities, religious
brotherhoods and sisterhoods, religious missions, religious educational institutions, acting on the basis of
their charters and subjected to state registration in a way, established by the present Law.
  Article 16. State Registration of Religious Organizations

  Religious organizations are subjected to obligatory state registration. Religious organization has a
status of the juridical entity since the moment of its state registration.

  Religious organizations as juridical entities have the rights and fulfill duties according to the legislation
of the Republic of Belarus and their charters.

  State registration of the religious organizations is executed:

  Religious communities – by oblast executive committees, Minsk city executive committee;

  Religious associations, as well as monasteries and monastic communities, religious brotherhoods and
sisterhoods, religious missions, religious educational institutions, organized on the decision of
management bodies of the religious association – by the republican state administration body on religious
affairs.

  After the decision of the registration of the religious organization is adopted, the registration body
issues a certificate of the established standard stating the state registration of the religious organization.

  Changes and amendments inserted into the charters of the religious organizations are subjected to the
state registration in a way established for the registration of the religious organizations, and come into
force since the date of their state registration.

   In case the information contained in the State Registry of religious organizations is changed, the
religious organization within one month period since the date such change has been inserted, informs
about it the registration body.

  Article 17. State Registration of Religious Communities

  To register the religious organization the founders submit an application about its registration, signed
by all participants (members) of this community, to the city, region executive committees, local
administration on the place of the supposed activity of the community.

  The following should be enclosed to the application:

  List of citizens who have formed the religious community, with their surnames, names and patronymic
names, dates of birth, citizenship, place of their residence, as well as their signatures;

  Charter of the religious community in three copies; minutes of the meeting of the participants
(members);

  Document confirming the right of accommodation of the religious community at the whereabouts,
stated in the charter.
   Religious community professing dogma unknown before in the Republic of Belarus, should enclose to
its application information about the bases of this dogma and its corresponding worship practice, as well
as information about the history of the religion origin, being professed by the given community, about the
forms and methods of its activity, about its relation towards the marriage and family, education,
fulfillment of state duties, receipt of medical help by the followers of the given religion, as well as other
significant information on the request of the republican state administration body on religious affairs.

  City, region executive committees, local administration within one month period consider the materials
presented for the registration of the religious community and direct them with their conclusion to the
corresponding oblast executive committees, Minsk city executive committee.

  In case the documents envisaged by part two of the present are not presented, city, region executive
committees have the right to leave the application without consideration with notification the applicants
within ten day period.

  Oblast, Minsk city executive committees, having received the materials, presented for the registration,
consider them in one month period and take decision to register or to refuse registration of the religious
community and inform the applicants.

  Materials for the registration of the religious community professing dogma, unknown before in the
Republic of Belarus, are directed by oblast, Minsk city executive committees to the republican state
administration body on religious affairs to perform state religion-competent examination. In this case the
terms of the consideration of the documents is prolonged up to six months.

  Article 18. State Registration of the Religious Associations

  For the registration of the religious association its founders submit application concerning the
registration to the republican state administration body on religious affairs, which takes decision within
one month period.

  The following documents should be enclosed to the application:

  Extract from the minutes of the congress (conference, meeting, meeting of the management body)
about formation of the religious association;

  List of the members of the managing body of the religious association with their surnames, names and
patronymic names, dates of birth, citizenship, place of residence;

  Document confirming the right of accommodation of the religious association at the whereabouts stated
in the charter.

  In case the documents envisaged by part two of the present article are not presented, the republican
state administration body of the state management on religious affairs has the right to leave the
application without consideration with notification the applicants within ten days period.
 Article 19. State Registration of Monasteries and Monastic Communities, Religious
Brotherhoods and Sisterhoods, Religious Missions, Religious Educational Institutions

  Monasteries and monastic communities, religious brotherhoods and sisterhoods, religious missions,
religious educational institutions organized on the decision of management bodies of the religious
association, are subjected to the state registration in a way envisaged for the registration of the religious
associations, with consideration of peculiarities stated by parts two and three of the present article.

  The list of the participants (not less than 10 persons) with their surnames, names and patronymic
names, dates of birth, citizenship, place of residence and signatures should be additionally enclosed to the
application for the registration of the monastery and monastic community, religious brotherhood and
sisterhood, religious mission.

  Certificate from the religious association stating the availability of the necessary educational premises
as well as provision with the teaching staff having corresponding education and speaking state languages,
should additionally be enclosed to the application for the registration of religious educational institution.

  Article 20. Charter of the Religious Organization

  Religious organization runs its activity on basis of its charter.

  Charters of the religious community and religious association are approved by their founders.

 Charter of the religious organization, organized by the religious association, is approved by the
managing body of the religious association.

  The following information should be stated in the charter of the religious organization:

  Full name including indication at the denomination belonging of the given religious organization;

  Whereabouts;

  Aims, tasks and main forms of the activity;

  Belonging to the religious association (for religious communities included into the religious
association, and religious organizations being formed by the religious associations);

  Territory of the activity;

  Structure of the organization, bodies of its management, way of their formation;

  Competence, composition and terms of reference;

  Sources and ways of formation of money resources and other property of the organization;

  The body competent to take decisions on acquisition of the property and disposal of the property of the
religious organization;
  Way of liquidation and re-organization of the religious organization;

  Way of disposal of the property left after settlements with the creditors, in case the religious
organization is liquidated;

  Way of inserting changes and amendments to the charter;

  Other information regarding the peculiarities of the activity of the given religious organization.

  Article 21. Refusal State Registration of the Religious Organization

  The state registration of the religious organization may be refused on the following bases:

 the created religious organization does not meet the requirements stated in article 13 of the present
Law;

 the charter and other submitted documents do not meet to requirements of legislation of the Republic of
Belarus or data contained in them are doubtful:

  on results of realization of state religion-competent examination which is carried out in cases
established by the present Law;

  the order of the creation of the religious organization, established by the present Law, is broken.

  The message on refusal the state registration of the religious organization is sent to the applicants in
writing, in which the bases of the refusal are stated. Refusal, as well as evasion of the registration body
from the state registration of the religious organization may be appealed against in court in a way,
established by legislation of the Republic of Belarus.14

  Article 22. State Religion-competent Examination

  State religion-competent examination is appointed by the republican state administration body on
religious affairs in the cases established by the present Law while creating, as well as realizing activity of
the religious organizations.

  The order of assignment and realization of state religion-competent examinations is determined by the
republican state administration body on religious affairs.

  Article 23. Liquidation of the Religious Organization

  The religious organization may be liquidated:

  under decision of its founders or body authorized by the charter of the religious organization;

  under the decision of court in cases:
 repeated infringement of the present Law within one year period, other legislation of the Republic of
Belarus or realization of the activity by the religious organization contradicting to its charter;

  realization of the activity directed against the sovereignty of the Republic of Belarus, its constitutional
system and civil consent; propagation of war, social, national, religious, racial enmity or discord,
humiliations of national honor and dignity;

  realization of the attended by violations of rights, freedoms and legal interests of the citizens, as well as
preventing the citizens from their execution of their state, public, family duties or damaging their health
and morals;

  in other cases stipulated by the legislative acts.

  The body, which has carried out the registration of the religious organization, has the right to appeal to
the court with the application for the religious organization to be liquidated.

  Cases in connection with the liquidation of the religious communities, registered by the oblast, Minsk
  city executive committees, are considered by the corresponding oblast, Minsk city courts; cases in
  connection with the liquidation of the religious organizations, registered by the republican state
  administration body on religious affairs, by the Highest Court of the Republic of Belarus.

                                          SECTION 3

  RIGHTS AND CONDITIONS OF ACTIVITY OF THE RELIGIOUS ORGANIZATIONS
  Article 24. A legal basis of activity of the religious organizations

  The religious organizations in their activity should be guided by their charters and should observe the
requirements of the Constitution of Belarus, the present Law and other acts of the legislation of Belarus.

  Article 25. Divine services, religious practices, rituals and ceremonies

  Divine services, religious practices, rituals and ceremonies are carried out free in worship buildings,
constructions and at the territories relating to them, in other places given to the religious organizations for
these purposes, places of pilgrimage, at the cemeteries and in crematoriums.

  Religious practices, rituals and ceremonies if necessary may be carried out at the place of residence of
citizens on their request on condition the rules of hostel and public order are observed, if they have no
mass and regular character.

  Religious practices, rituals and ceremonies in the organizations of public health services, places of
imprisonment and serving of punishment are carried out on the request of citizens taking place in them
and in the premises specially selected by administration for these purposes. Those persons who are taking
place in these establishments, may have, receive, get and use the religious literature and subjects of
worship, if it does not damage their health and does not derogate the rights and legal interests of other
persons.
 The order of conducting of the divine services, religious practices, rituals and ceremonies by military
men is established by the legislation on military service.

  Divine services, religious practices, rituals and ceremonies, as well as other mass actions having their
  main aim to satisfy religious needs in places not specially intended for these purposes under the open
  air and in the premises, may be carried out only after acceptance of the appropriate decision by the
  head of local executive and administrative body or his assistant in a way, established by the legislation
  of Belarus.

  Article 26.    Religious Literature and Subjects of Religious Purpose

  Religious organizations have the right to produce, to purchase, to take out of the Republic of Belarus,
to bring in to the Republic of Belarus and to distribute religious literature, others printed, audio and video
materials, as well as other subjects of religious purpose in a way, established by the legislation of the
Republic of Belarus.
  Religious organizations may bring religious literature, other printed, audio and video materials into
the Republic of Belarus only after realization the state religion-competent examination has been
conducted.

  At the distribution of the religious literature, other printed, audio and video materials the state religion-
competent examination may be carried out under the decision of republican state administration body on
religious affairs.

  When the religious literature is delivered to the library funds, realization of the state religion-competent
examination is obligatory.

  Commercial organizations publishing religious literature and manufacturing subjects of worship
purpose, may be formed only by the religious organizations.

        Religious organizations should specify their full name and denomination while realizing their
  activity.

       Literature, other printed, audio and the video materials, which are produced by the religious
  organizations, should have marking specifying full name of the religious organizations and their
  denomination.

        Distribution of the religious literature, audio, video and other materials of the religious contents
  may be carried out by the religious organizations in the premises, which belong to them on the right of
  ownership or other legal bases, as well as in places allowed for these purposes in the established order
  by the local executive and administrative bodies.

  Article 27. Charitable and Information activity of the Religious Organizations

  The religious organizations have the right to carry out charity activity in the order established by the
legislation of the Republic of Belarus.
  Religious associations in accordance with their charters have the right to create means of mass media in
the order and on conditions established by the legislation of the Republic of Belarus.

  Article 28.   Religious Educational Institutions

  Religious associations in accordance to their charters have the right to create religious educational
institutions for professional training of ministers, theologians and the church personnel.

  The citizens studying in the higher and secondary religious educational institutions have the rights and
the privileges established for students of the state educational institutions.

  Article 29.   International Connections and Contacts

  Religious organizations have the right to establish and support international connections and contacts,
to perform pilgrimage, to participate in assemblies and other actions, to receive religious education, as
well as to invite for these purposes foreign citizens and persons without citizenship.

  Religious associations have the right in the order established by Council of Ministers of Belarus to
invite foreign citizens and persons without citizenship with a view of occupation by religious activity in
the appropriate religious associations.

        The foreign citizens, the persons without citizenship have the right to be engaged in religious
  activity in the Republic of Belarus within one year. This term if necessary may be prolonged or reduced
  in accordance to the legislation of the Republic of Belarus.

  Article 30. Religious Organizations Ownership Right

  Religious organizations possess the right of ownership on the property, purchased or created by them at
  the expense of their own means, donated by physical or legal entities or transferred to the possession of
  the religious organizations by the state or purchased in a different way, not contradicting the legislation
  of the Republic of Belarus.

  Transfer of the worship buildings and structures to the ownership to the religious organizations, to be
  used in the religious purposes, with the lots of land relating to them and other property of the religious
  purpose, being in the republican or municipal ownership, is put into practice in accordance with the
  legislation of the Republic of Belarus.

  Religious organizations have the property right on the worship buildings with the adjoining territory to
  be transferred to them by the state, excluding those ones, which are used as establishments of culture,
  physical culture and sports.

  The property, transferred by the religious associations to the religious communities, being members of
  the religious association, as well as to the monasteries and monastery communities, to the religious
  brotherhoods and sisterhoods, to the religious missions, to the religious educational institutions is
  assigned to the mentioned religious organizations on the right of the operative management .
Religious communities, being members of the religious association, monasteries and monastery
communities, religious brotherhoods and sisterhoods, religious missions, religious educational
institutions can transfer their worship buildings and other property to be used by other religious
organizations only by the consent of the management body of the religious association, which they are
subordinate to.

The state renders help to the religious organizations in restoration of the worship buildings, other
subjects presenting historical-cultural value, in a way established by the legislation.

The state can grant tax and other privileges to the religious organizations in accordance with legislative
acts of the Republic of Belarus.

Article 31. Use of Property Owned by Juridical and Physical Entities

Religious organizations can use for their own needs buildings and other property granted to them on the
conditions of contracts signed with the juridical and physical entities.

Disputes on the questions concerning the ownership and use of worship buildings and property are
settled in the court order if not other is stated by the legislation of the Republic of Belarus.

Article 32. Business Activity of the Religious Organizations

Religious organizations are noncommercial organizations. They have the right to perform business
activity only to achieve purposes for the sake of which they have been organized, as well as activity
corresponding to these purposes.

Article 33. Disposal by the Property of the Liquidated Religious Organizations

After religious organizations are liquidated, the property, which has been granted to their use by the
juridical and physical entities, is given back to the entities, which granted the property.

While liquidating religious organizations the disposal of the property being in their ownership is
executed in accordance with their charters and legislation of the Republic of Belarus.

Penalty on the claims of the creditors cannot be imposed on the property of the worship purpose, being
in the ownership of the religious organizations. The list of the types of the property on which penalty
on the claims of the creditors cannot be imposed, is approved by the Council of Ministers of the
Republic of Belarus.
                                          SECTION 4

Regulation of Labour Relations and Relations Connected with Them in the Religious
Organizations


Article 34. Regulation of Labour Relations in the Religious Organizations

Labour relations in the religious organizations are regulated by the legislation of the Republic of
Belarus.

Labour conditions, forms, the system and amount of its payment are established on basis of the
collective agreement, agreement and labour agreement in accordance with the legislation of the
Republic of Belarus.

Article 35. Social Provision and Social Insurance of the Citizens Employed in the Religious
Organizations

Citizens employed in the religious organizations, as well as ministers are subjected to the social
provision and obligatory state social insurance in accordance with the legislation of the Republic of
Belarus.

Religious organizations deduct to the corresponding funds in the way and amount specified by the
legislation of the Republic of Belarus.

                                        SECTION 5

Control of Execution of the Legislation of the Republic of Belarus on Freedom of Conscience,
Denomination and Religious Organizations

Article 36. Control of execution of the legislation of the Republic of Belarus on freedom of
conscience, denomination and religious organizations

Control of the execution of the legislation of the Republic of Belarus on freedom of conscience,
denomination and religious organizations at the corresponding territories is executed by the local
Soviets of deputies, executive and administrative bodies.

Oblast committees, Minsk City executive committee organizes their own subdivisions on religious
affairs, subordinated to them and to the republican state administration body on religious affairs.

Article 37. Warning in Writing

In case the religious organization violates legislation of the Republic of Belarus, or it performs the
activity contradicting the charter of the religious organization, the registration body gives a written
warning, which is directed to the management body of the religious organization within three days
period.

If violations mentioned in part one of the present article, were not eliminated within six months, or
were repeated within one year period, the registration body has the right to appeal to the court with the
application to liquidate the religious organization. The registration body has a right to take decision to
suspend the activity of the religious organization until the court decision is taken.




Article 38. Consequences on the suspension of the activity of the religious organizations

In case the activity of the religious organization is suspended, it does not have the right to realize
religious, commercial or other activity, to act as a founder of means of mass media and other juridical
entities, to transfer from the bank (payment) account money means to other entities, except payments to
the budget, state non budget funds and other obligatory payments, settlements on civil and labour
contracts signed before, damage compensation done by the actions of the religious organizations.

In case the court takes decision to refuse religious organization to be liquidated, the religious
organization recommences its activity suspended in accordance with the present Law, from the moment
the court decision comes into legal force.

Article 39. Responsibility for the violation of the legislation of the Republic of Belarus on
freedom of conscience, religion and religious organizations

Violation of the legislation of the Republic of Belarus on freedom of conscience, denomination and
religious organizations displayed in particular in:

-   creation and activity of the religious organizations, their bodies and representatives directed against
    the sovereignty of the Republic of Belarus, its constitutional system and civil consent, or if it entails
    violation of rights and freedoms of citizens, as well as prevents citizens from fulfilling their state,
    public, family responsibilities, damages their health and morals.;
-   creation of religious organizations in state bodies and institutions, military units, as well as
    educational institutions;
-   involving of under age children to the religious organizations, education of religion to the under age
    children against their will and without consent of their parents, or persons replacing them;
-   profanation of subjects respected in religion, worship structures, places of pilgrimage and places of
    burial;
-   violation of the confession secret;
-   excitation of the religious hostility or discord, insulting of citizens in connection of their religious
    convictions, -

bears the responsibility established by the law.

Officials and persons guilty of violation of the legislation of the Republic of Belarus on freedom of
conscience, denomination and religious organizations bear responsibility established by the legislation
of the Republic of Belarus.

Article 40. International contracts

If the international contract, signed by the Republic of Belarus, establishes other rules than those ones
contained in the present Law, the rules of the international contract are applied.
Article 2. The present Law comes into force in 10 days period after its official publication.

Charters of the religious organizations, registered before the present Law comes into force, should be
put in accordance with the present Law. Charters of the religious organizations before they are put in


 accordance with the present Law, are valid only in that part, in which they do not contradict the
present Law.
22

Article 3. To the Council of Ministers of the Republic of Belarus:

Within three months period since the date the present law comes into force, to put in accordance the
acts of the legislation of the Republic of Belarus with the present Law;

Within two years period since the present law comes into force, to take the necessary measures on
state re-registration of religious organizations, the charters of which were registered before the present
Law comes into force.


President
Republic of Belarus

				
DOCUMENT INFO